Summary
When Richard and Helen decided to leave the UK behind and settle permanently in Spain, they already had much of their new life prepared — a property in Almería, Spanish bank accounts, and savings to support the move.
But there was one important detail in Richard’s background that complicated their Spanish residency application.
Experts at Click to Spain carefully prepared the case, provided the necessary legal support, and guided the application through every stage.
Two months later, the couple successfully received approval for their Spanish residency permits.
Background
Richard and Helen had spent years travelling to Spain and eventually decided they wanted something more permanent. Their property in Almería already felt like home, and they were ready to retire from working life in the UK and enjoy a slower pace of life under the Spanish sun.
The residency route they chose was the Spanish Non-Lucrative Visa — a residence permit designed for financially independent individuals who do not intend to work in Spain.
At first glance, their case appeared relatively straightforward. They had savings, property ownership, and established ties to Spain.
However, one detail significantly complicated the process.
The Main Challenge: A Criminal Record on the ACRO Certificate
Richard had a criminal conviction from 2014 that still appeared on his ACRO police certificate.
For many applicants, this would immediately raise concerns about refusal. Importantly, though, Richard disclosed the issue from the very beginning. Nothing was hidden, which allowed us to assess the risks early and prepare the strongest possible legal explanation.
Our team explained honestly that the application could face additional scrutiny. Instead of relying on hope, we focused on building a carefully documented legal position.
We involved a notary, who prepared an official explanatory statement confirming that:
- the conviction had already been spent;
- Richard did not represent any risk to society;
- the ACRO entry remained visible only temporarily and was expected to disappear in the future.
“Cases like this require transparency from day one. A criminal record does not automatically mean refusal, but the explanation and legal presentation become critically important,”
— Click to Spain, legal team.
Building the Financial Case Correctly
Another important aspect of the application involved proving financial independence.
Richard’s income came primarily from company dividends rather than employment salary. For a Non-Lucrative Visa, this distinction matters greatly because applicants must demonstrate they are not actively working.
To support the application, we prepared:
- bank statements;
- dividend payment records;
- company director meeting minutes.
The documentation clearly confirmed that:
- Richard was no longer carrying out active work duties;
- he was effectively retiring;
- the couple would live from passive dividend income and savings.
The family also strengthened the application with additional supporting factors, including:
- ownership of property in Spain;
- Spanish bank accounts;
- substantial savings and financial reserves.
An Unexpected Delay
Helen was still employed during the early preparation stage of the application.
However, for the Non-Lucrative Visa route, applicants must demonstrate the termination of active employment. This required Julie’s P45 form before submission could proceed.
As a result, the application timeline had to be delayed temporarily until the necessary paperwork became available.
Once the P45 was received, the full application package was submitted through the Spanish Consulate in London.
Making the Process Easier for the Clients
Because much of the documentation had already been prepared in advance, the submission stage itself moved smoothly.
The couple also used a mobile biometric service, allowing much of the process to happen from the comfort of their home. Representatives collected documents directly from the clients, while passports were later returned securely by post.
For Richard and Helen, this significantly reduced stress during an already sensitive application.
The Result
The application was submitted on 10 December and approved on 5 February — a processing time of roughly two months.
Following approval, Richard and Helen completed the final residency card process and officially became Spanish residents.
Today, they are settled into their new life in Almería, enjoying the retirement they had long planned for.
Thinking About Moving to Spain?
Every residency case has its own complexities — and sometimes the biggest risks are the issues applicants are most nervous to mention.
The key is identifying potential problems early, preparing the right legal explanations, and building a strategy around the reality of the case rather than trying to avoid it.
If you are planning a move to Spain and are unsure how your situation may affect your application, our team can help you understand the options and guide you through the process step by step.
FAQ
Can you apply for a Spanish Non-Lucrative Visa if you have a criminal record?
Yes — but it depends on the nature of the offence, how long ago it occurred, and how the case is presented. A criminal record does not automatically mean refusal. In many situations, proper legal explanations and supporting documentation can significantly improve the chances of approval.
Can dividend income be used for a Non-Lucrative Visa?
Yes. Dividend income can be accepted if it is properly documented and clearly shown as passive income rather than salary from active employment. Supporting evidence usually includes bank statements, company documents, and proof that the applicant is no longer carrying out work duties.
Why is a P45 important for a Non-Lucrative Visa application?
The Non-Lucrative Visa is designed for people who are not planning to work in Spain. If an applicant is still employed, the Spanish authorities may request proof that employment has ended. In the UK, the P45 is commonly used as evidence of this.
How long does a Spanish Non-Lucrative Visa application take?
Processing times vary depending on the consulate and the complexity of the case. In this particular case, the application was approved in approximately two months after submission through the Spanish Consulate in London.